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KENNEDY v. SIGLER

No. 19067.

397 F.2d 556 (1968)

Edward D. KENNEDY, Appellant, v. Maurice H. SIGLER, Warden of the Nebraska Penal & Correctional Complex, Appellee.

United States Court of Appeals Eighth Circuit.

July 12, 1968.

Attorney(s) appearing for the Case

Edward D. Kennedy, pro se.

Clarence A. H. Meyer, Atty. Gen., of the State of Nebraska, and H. G. Hamilton, Asst. Atty. Gen., on brief for appellee.

Before VOGEL, BLACKMUN and LAY, Circuit Judges.

BLACKMUN, Circuit Judge.

This in forma pauperis corpus petition by Edward D. Kennedy, a Nebraska state prisoner, primarily raises an issue of the propriety of utilizing, upon the facts and in the application of Nebraska's habitual criminal statute, Neb.R.R.S.1943 § 29-2221,1 a prior conviction of the petitioner when he was a juvenile. An issue of this kind has been characterized as a "serious" one. Chewning v. Cunningham, ...

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